H VEERAPPA Vs. CHANNABASAP PA LAKSHMESWAR

JUDGEMENT

(1.) The revision is directed against the order dated Deer. 8,1977 made by the Civil Judge Bellary to Ex. A. No.6 of 1977 allowing the appeal and setting aside the order of the Trial Court.

(2.) The plaintiff filed a suit at OS. No.46/75 on the file of the Prl. Munsiff, Hospet on the foot of a pronote. It was decreed on 29.9.1975 for Rs.6,825 with future interest at 6% per annum also providing that if the defendant paid Rs.5,000 on or before 1.4.1978, the plaintiff shall receive it in full satisfaction of the claim. But, in the meanwhile, the defendant filed an application under S. 47 CPC, read with 4 (a) of the Karnataka Debt Relief Act, 1976 contending that he belonged to the weaker section of the Society and that he was thus a debtor within the meaning of the Karnataka Debt Relief Act and that thus the debt stood discharged. The Munsiff held that such a petition was premature as no execution petition had been filed and accordingly he dismissed the petition.

(3.) The defendant, being aggrieved fled Ex. A. No.6/77 in the court of the Civil Judge, Bellary. The Civil Judge, on reconsideration of the legal position, held that such a petition was maintainable and he, accordingly set aside the order of the Munsiff, and sent back the matter to the court below for holding an enquiry into the question as to whether the judgment debtor was a debtor or not within the meaning of the Karnataka Debt Relief Act.